Allahabad High Court
SHIV PRATAP SINGHversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The Court held that no enquiry or direction for removal of the encroachment could be issued during the pending consolidation operation, and therefore dismissed the writ petition.
Summary
Shiv Pratap Singh filed a public interest litigation seeking a direction to the State of Uttar Pradesh to decide his application concerning encroachments on a village chakroad over plots 316 and 314. The petitioner alleged that tenure‑holders and a respondent had built structures on the chakroad, causing hardship to villagers. The respondents argued that a notification under Section 4‑Ka(2) of the land‑consolidation law, issued on 24‑02‑2016, placed the village under a consolidation process, and therefore no action could be taken until that process was completed. The Court held that an enquiry or removal of the alleged encroachment could not be ordered while consolidation was pending. Consequently, the petition was disposed, with the Court allowing the petitioner to file a fresh application under Sections 26 and 67 of the Uttar Pradesh Revenue Code, 2006 for eviction after the consolidation operation ends.
Issues considered
- Whether the Court can direct removal of encroachments on a chakroad while a land‑consolidation process is ongoing under Section 4‑Ka(2).
- Whether the petitioner is entitled to a writ directing the respondent to decide his application dated 30‑07‑2025.
Legislation cited
- Uttar Pradesh Land Consolidation Act (or similar) — s. 4‑Ka(2)
- Uttar Pradesh Revenue Code, 2006 — s. 26, 67
Subjects
- encroachment
- chakroad
- land consolidation
- public interest litigation
- eviction
- Uttar Pradesh Revenue Code
- Section 4‑Ka(2)
- consolidation operation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3639 of 2025
Shiv Pratap Singh
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Lavkush Kumar Bhatt
Counsel for Respondent(s) : C.S.C., Krishna Kant Singh
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Lavkush Kumar Bhatt, learned counsel for the petitioner,
learned Standing Counsel for the respondent nos. 1 to 4 and Sri Krishna
Kant Singh for the respondent no.5.
2. The present petition has been filed seeking a direction to the respondent
no.2 to decide the application dated 30.7.2025 filed by the petitioner.
3. Perusal of the prayer of aforesaid representation shows that the
chakroad over plot nos.316 and 314 have been encroached by the tenure
holders, who have their plots adjacent to it, as such, the villagers are
facing great hardships, so the necessary action be taken to get the
chakroad free from all encroachments.
4. On instructions having received from Deputy District Magistrate,
Aliganj, Distrit Etah, learned Standing Counsel contends that the
respondent no.6 has raised a pucca construction over Plot No.318, which
is the land of chakroad. However, as notification under Section 4-Ka(2)
has been issued in respect of the village on 24.2.2016, as such, no action
can be taken till the consolidation operation is over. It is further evident
from the instruction that the family members of the petitioner are creating
hurdle in the consolidation work.
5. In view of the aforesaid, as no enquiry can be directed for removing the
alleged encroachment made by the respondent no.6, at this stage, the
present writ petition is disposed of with liberty to the petitioner to move
an appropriate application under Sections 26 and 67 of Uttar Pradesh
WPIL No. 3639 of 2025
2
Revenue Code, 2006, for eviction of the respondent no.6, once the
consolidation operation in the village comes to an end.
(Arun Kumar,J.)
April 23, 2026
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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